Disabled Rock Fans Sue Heavy Metal Band

July 14, 2000|By JON BURSTEIN Staff Writer

Two disabled heavy metal fans filed lawsuits Thursday against the band Poison and its lead singer, Bret Michaels, accusing the rockers of inciting a suburban West Palm Beach concert crowd last year to run amok.

The patrons, who use wheelchairs, allege they were hurt in a crowd rush at a Fourth of July weekend show when Michaels asked the Mars Music Amphitheatre audience to move forward, the lawsuits state.

When the crowd surged, audience members tumbled into the reserved section for disabled patrons and assaulted both Randall Eller and Denise Payne, according to the complaints filed in Palm Beach County Circuit Court.

Eller, of Fort Pierce, and Payne, of West Palm Beach, are each asking for more than $15,000 in damages.

Linda Capobianco, their attorney, could not be reached for comment Thursday night.

Eller said he needed to have knee surgery as a result of the July 2 incident, but declined to comment further.

The alleged crowd rush took place during a hairspray band concert featuring Poison, Great White, Ratt and LA Guns. All the bands had their heydays in the late '80s and early '90s, with Poison peaking in 1988 with the multi-platinum album Open Up and Say Ah!

Drugs and infighting later fractured the band known for such songs as Every Rose Has Its Thorn and Nothin' But a Good Time, but the four original members recently reunited and began touring and recording again.

The lawsuits allege that Michaels, as a "seasoned stage performer," should have known his words would provoke a "riotous response."

"Bret Michaels knew or should have known of the unruly nature of heavy metal concerns and the potential and/or opportunity for uncivil behavior to occur during such performances," according to Eller's lawsuit.

What Michaels said is not specified in the lawsuits.

Eller and Payne, who has cerebral palsy, allege that during the melee, they were in "mortal fear," and security lifted them onto the stage.

They subsequently were put in a confined area where they were denied medical treatment, the lawsuits state.

Poison's management could not be reached for comment Thursday.

Jon Burstein can be reached at jburstein@sun-sentinel.com or 561-832-2895.